Georgia

2023 Legislation

• House Bill 299
  • SDF Quick Summary: Relating to Probate Judges being able to serve in The Military (GSDF included)
  • Summary: A BILL to be entitled an Act to amend Code Section 15-9-2.1, Title 16, Title 19, Title 20, and Chapter 2 of Title 38, Chapter 2 of Title 40, of the Official Code of Georgia Annotated, relating to appointment, compensation, authority, qualifications, training, and other limitations of associate probate court judges, crimes and offenses, domestic relations, education, military affairs, and registration and licensing of motor vehicles, respectively, so as to add appropriate references to the United States Space Force; to make conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
  • Status: Engrossed on February 22 2023 – 50% progression, died in chamber
  • Action: 2023-03-27 – Senate Tabled

Code Section 15-9-2.1, relating to appointment, compensation, authority, qualifications, training, and other limitations of associate probate court judges, is amended by revising paragraph (1) of subsection (e) as follows:

“(1) It shall be unlawful for any associate judge of the probate court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has jurisdiction. It shall be unlawful for any associate judge of the probate court to give advice or counsel to any individual on any matter of any kind whatsoever that has arisen directly or indirectly in his or her own court. Nothing in this chapter shall be construed to limit in any way the ability of an associate judge of the probate court to serve as or offer advice in his or her role as a judge advocate or in any other military role in an active duty or reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States Space Force, United States National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, the Georgia State Defense Force, or in the National Guard or Air National Guard of any state or territory of the United States.”

• House Bill 437
  • Summary: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification of public officers and employees, so as abolish the Georgia State Indemnification Commission and authorize the commissioner of administrative services to assume the duties of said commission in the administration of the indemnification program and in considering appeals of initial decisions in order to correct errors in approving or denying any claims; to require the department to file a report regarding the indemnification program; to provide for related matters; to repeal conflicting laws; and for other purposes.
  • Status: Introduced on February 15 2023 – 25% progression
  • Action: 2023-02-16 – House First Readers

To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as abolish the Georgia State Indemnification Commission and authorize the commissioner of administrative services to assume the duties of said commission in the administration of the indemnification program and in considering appeals of initial decisions in order to correct errors in approving or denying any claims; to revise and provide for definitions; to provide for indemnification of certain candidates who are killed or permanently disabled while performing activities required as part of the certification or licensure process; to authorize the department to promulgate rules and regulations regarding the process and procedures for review and appeal of initial decisions; to provide for judicial review of final decisions of the commissioner; to require the department to file a report regarding the indemnification program; to provide for related matters; to repeal conflicting laws; and for other purposes.

Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and

16  indemnification of public officers and employees, is amended by revising Article 5, relating to law enforcement officers, firemen, prison guards, an publicly employed emergency medical technicians, as follows:

(1) ‘Candidate’ means any individual who is employed, either full-time or part-time by any municipal, county, or state government, or an instrumentality of the state, and is participating in a state mandated training program that is intended to result, upon the completion thereof, in the certification or licensure of such individual as a public safety officer.

(F) With respect to a candidate, while engaging in an activity or exercise that itself is

a formal or required part of the program in which the candidate is enrolled or admitted. Such term shall not mean commuting to or from work or commuting to or from training.

(7)(8) ‘Law enforcement officer’ means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent children, or the supervision of delinquent children under intensive supervision in the community, and any child with a pending juvenile court case alleging the child to be a child in need of services who has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who has broken the conditions of supervision. Such term also includes members of the Georgia National Guard and the State Defense Force,

• House Resolution 6
  • Summary: A RESOLUTION recognizing January 26, 2023, as National Guard Day at the state capitol; and for other purposes.
  • Status: Passed on January 11 2023 – 100% progression
  • Action: 2023-01-11 – House Read and Adopted

1. 6  WHEREAS, the Georgia Department of Defense, consisting of 10,700 Army National Guard
2. 7  soldiers, is headquartered at the Clay National Guard Center in Marietta, Georgia, and
3. 8  includes the Georgia Army National Guard; the Georgia Air National Guard, embodying
4. 9  2,900 Air National Guard airmen; and the Georgia State Defense Force, including 500 state
5. 10  employees; and

16. WHEREAS, the Georgia National Guard has deployed more than 30,000 soldiers and airmen
17. 30  throughout all geographic combatant commands since September 11, 2001; maintained a
18. 31  steady overseas presence in support of contingency operations; maintained state partnerships
19. 32  with the Country of Georgia and Republic of Argentina; and supported disaster and
20. 33  emergency response missions with 3,200 guardsmen and state defense force volunteers
21. 34  within the State of Georgia due to winter storms, hurricanes, COVID-19, and civil unrest

2022 Legislation

• House Bill 1198
  • Summary: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, exemptions, and credits, so as to provide an income tax credit for members of the State Defense Force in good standing; to provide for the amount of such credit; to provide for the manner of claiming such credit; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
    • a member of the State Defense Force in good standing for the entirety of the year shall be allowed a credit against the tax imposed by Code Section 48-7-20 with respect to such year in an amount as follows: (1) For his or her first year claiming the tax credit allowed by this Code section, $500.00;
      (2) For his or her second year claiming the tax credit allowed by this Code section, $1,000.00;
      (3) For his or her third year claiming the tax credit allowed by this Code section, $1,500.00;
    • (4) For his or her fourth year claiming the tax credit allowed by this Code section, $2,000.00;
    • (5) For his or her fifth year claiming the tax credit allowed by this Code section, $2,500.00; and
      (6) For any year beyond his or her fifth year claiming the tax credit allowed by this Code section, $3,000.00.
  • Status: Introduced on February 3 2022 – 25% progression
  • Upcoming: House Ways and Means Committee

2021 Legislation

• House Bill 106
  • Summary: A BILL to be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding the Georgia State Indemnification Fund, so as to replace the term “National Guard” with the term “organized militia” in the definition of law enforcement officer; to provide for related matters; to repeal conflicting laws; and for other purposes. To provide  coverage for the Georgia State Defense Force.
  • Status: 2021-03-10 – Senate Passed/Adopted
  • Final Status: Passed on May 4 2021 – 100% progression